Loading...
HomeMy WebLinkAboutStrand Associates - Digester No 3 Cover Repairs - 11/18/2019ASSOC9ATES'' October 31, 2019 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Agreement for Design Services, Bidding -Related Services, Construction Contract Administration Services, and Construction Observation Services Wastewater Treatment Plant —Digester No. 3 Cover Repairs This is an Agreement between the City of Waterloo, Iowa, hereinafter referred to as OWNER, and Strand Associates, Inc.®, hereinafter referred to as ENGINEER, to provide Design Services, Bidding -Related Services, Construction Contract Administration Services, and Construction Observation Services (Services) for the Wastewater Treatment Plant —Digester No. 3 Cover Repairs project. This Agreement shall be in accordance with the following elements. Project Understanding The Project includes Services for cover and associated repairs to Digester No. 3. Repairs include concrete wall around the digester tank and building concrete and roof slab repairs from cover pull-up damage. Repairs also include miscellaneous electrical and pipe support modifications related to concrete damages. Repairs to the fixed steel cover will be based on cover manufacturer's (Ovivo) report and recommended repair documents. Scope of Services ENGINEER will provide the following Services to OWNER. Design Services 1. Attend kickoff meeting to review project scope and schedule. 2. Develop draft and final design drawings for repairs to concrete, electrical, and pipe supports. 3. Meet with OWNER to review design. Attend one review meeting at approximately 50 percent design and one teleconference at 90 percent design. 4. Prepare 50 percent and 90 percent opinions of probable construction cost for the project and submit to OWNER. 5. Prepare design drawings, technical specifications, and Contract Documents and submit the design documents and construction permit application to OWNER and OWNER's insurance company in both paper copy and electronic form. Include Ovivo's repair report for the fixed steel cover for OWNER's review. 6. Prepare Bidding Documents using technical specifications, engineering drawings, and OWNER -provided front end documents. SKH:SGH:gjc: nro\R:\MAD\Documents\Agreements\W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.2019\Agr\4463.008. docx Arizona 1 Illinois Indiana Kentucky Ohio Texas VI sconsln www.strand.com Strand Associates; Inc," City of Waterloo Page 2 October 31, 2019 Bidding -Related Services 1. Distribute Bidding Documents electronically through QuestCDN, available at www.strand.com and www.questcdn.com. Submit Advertisement to Bid to OWNER for publishing. 2. Submit Notice to Bidders and Notice of Public Hearing to OWNER for publishing. 3. Prepare addenda and answer questions during bidding. 4. Attend bid opening, tabulate and analyze bid results, and assist OWNER in the award of the Construction Contract. 5. Prepare four sets of Contract Documents for signature. Construction Contract Administration Services 1. Attend the preconstruction conference. 2. Review and reply to contractor's requests for information. 3. Review contractor's schedule monthly for up to six months. 4. Review contractor's monthly payment requests for up to six months. 5. Review contractor's shop drawing submittals (up to two submittal reviews for each shop drawing are included). 6. Attend and prepare meeting agenda and minutes for up to four construction progress meetings. 7. Conduct up to four separate visits by the project manager or structural engineer to observe construction. 8. Conduct substantial completion review and develop a list of items to be completed or corrected by contractor. 9. Conduct one final completion review. 10. Provide record drawings in an electronic format from information compiled from contractor's records. ENGINEER is providing drafting services only for record drawings based on records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by contractor and OWNER. Construction Observation Services Provide part-time resident project representative (RPR) for up to 80 hours of construction observation. RPR services include field time on site as well as office time for support of the staff related to field issues brought to the RPR. RPR efforts are anticipated to be within a five-day work week for the construction period. Additional Services to address an accelerated construction schedule or to overcome the contractor being behind schedule where the contractor works weekends or longer than 40 hours per week will be considered outside this Agreement's Scope of Services and will require an amendment to this Agreement. SKH: SGH:gjc: mro\R.\MAD\ DocumentsAgreements \W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.20I9Wgr\4463.008.docx www.strand.com Strand Associates, Inca City of Waterloo Page 3 October 31, 2019 Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided as noted. 1. Additional and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. c. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. Any services of this type will be provided through an amendment to this Agreement. 2. Additional Site Visits and/or Meetings: Additional OWNER -required site visits or meetings will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 3. Preparation for and/or Appearance in Litigation on Behalf of OWNER: This type of service by ENGINEER will be provided through a separate agreement with OWNER. 4. Review of Product Substitutions or Means, Method, Technique, Sequence, or Procedure Substitutions Proposed by Contractor: ENGINEER's cost for evaluating substitute products, means, method, technique, sequence, or procedure of construction is not included in the scope of this Agreement. Service of this type by ENGINEER will be provided through an amendment to this Agreement. 5. Revising Designs, Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, will be provided through an amendment to this Agreement. 6. Services Furnished During Readvertisement for Bids, if Ordered by OWNER: If a Contract is not awarded pursuant to the original bids, any services of this type will be provided through an amendment to this Agreement. Compensation OWNER shall compensate ENGINEER for Design Services and Bidding -Related Services a lump sum of $90,000. OWNER shall compensate ENGINEER for Construction Contract Administration Services and Construction -Related Services a lump sum of $80,000. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, this Agreement will be adjusted to reflect the net change. The lump sums for the Services are based on wage scale/hourly billing rates, adjusted annually on July 1, that anticipates the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the lump sums that reflect any wage scale adjustments made. SKH. SGH:gjc:nvo\R:WIAD\Documents\Agreements\W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.2019Wg\4463.008. docx www.strand.com d Asso iatos. In City of Waterloo Page 4 October 31, 2019 The lump sums will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays, extensions, amendments, or changes. Schedule Services will begin upon execution of this Agreement, which is anticipated the week of November 25, 2019. Services are scheduled for completion in November 2020, in accordance with the project milestones below. Milestones may be adjusted by an amendment to this Agreement based on the actual dates of Notice of Award and Notice to Proceed for Construction. Service Authorized to Proceed Kickoff Meeting 50 Percent Review Meeting 90 Percent Review Teleconference Bidding Documents Complete Begin Construction Substantial Completion of Construction Final Completion of Construction Scheduled Completion Date Week of November 25, 2019 Week of December 2, 2019 Week of January 27, 2020 Week of March 16, 2020 Week of March 30, 2020 May 2020 October 2020 November 2020 Extension of the project, where the substantial or final completion dates are extended, that results in ENGINEER performing the Services after the identified completion dates is considered additional services. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER's Responsibilities 1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project including previous reports, previous drawings and specifications, and any other data relative to the scope of this project. 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of this project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections of samples, all of which ENGINEER may rely upon in performing Services under this Agreement. 3. Provide access to the site as required for ENGINEER to perform Services under this Agreement. 4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. SKH. SGHajc.mro\R:\MAD\Documents\Agreements\W\Waterloo, City of(!A)\DigesterNo3CoverRepairs.2019\Agr\4463.008.docx www.strand.com Strand Associates, inc: City of Waterloo Page 5 October 31, 2019 5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. 6. Provide all legal services as may be required for the development of this project. 7. Provide the front end documents that require the contractor to name ENGINEER as an additional insured on contractor's General Liability and Automobile Liability insurance policies and to indemnify ENGINEER to the same extent that the contractor insures and indemnifies OWNER. 8. Pay all permit and plan review fees payable to regulatory agencies. Opinion of Probable Cost Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. Observation Services In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. Payment Requests ENGINEER's review of Payment Requests from contractor(s) will not impose responsibility to determine that title to any of the work has passed to OWNER free and clear of any liens, claims, or other encumbrances. Any such service by ENGINEER will be provided through an amendment to this Agreement. Changes 1. OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost or time required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. 2. No services for which additional compensation will be charged by ENGINEER will be furnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of OWNER's insurance company's requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased cost of performance of the Services provided for in this Agreement will be reflected in an appropriate modification of this Agreement. SKH.SGH:gjc: mro\R:\MAD\DocumentsWgeements\W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.2019\Agr\4463.008.docx www.strand.com Strand Associates, Inc;.' City of Waterloo Page 6 October 31, 2019 Extension of Services This Agreement may be extended for additional Services upon OWNER's authorization. Extension of Services will be provided for a lump sum or an hourly rate plus expenses. Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability to OWNER, and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNER, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical surveys. Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two -week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. Third -Party Beneficiaries Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's Services under this Agreement are being performed solely for OWNER's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in this project to carry out the intent of this provision. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of Iowa. SKH. SGH:gjc:mro\R:\MAD\Documents\Agreements\W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.2019\Ag\4463.008.docx www.strand.com City of Waterloo Page 7 October 31, 2019 Terms and Conditions Strand Assoc ales, ince' The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services. OWNER -supplied purchase order is for processing payment only; terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: OWNER: STRAND ASSOCIATES, INC.® CITY OF WATERLOO Jo:." h ". Bunker Corporate Secretary ate Honorable Quentin M. Hart Mayor SKH:SGH:gjc:mro\R \ 'lAD\Documents\Agreements\W\Waterloo, City of(IA)\DigesterNo.3CoverRepairs.2019Wgr\4463.008.docx 11/a/ 9 Date www.strand.corn